ADM. REVIEW DOCKET NO.: GD 410003 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
GD 410003 RO
: RENT ADMINISTRATOR'S
DOCKET NO.:
FD 410316 S
PREMISES: 139 West 82nd
Street, Apt. 6F
New York, N.Y.
LAJOS LAUFER,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition.
The complainant commenced this proceeding by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
defective conditions.
The Rent Administrator directed restoration of these
services and further ordered, a reduction of the stabilization
rent.
In his petiton for administrative review, the owner states,
inter alia, that the complainant is not a tenant of the
apartment, and attaches a decision of the Supreme Court Appellate
Division, Ross J., in substantiation thereof.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted.
The Commissioner notes the decision of the Appellate
Division in this matter. Accordingly, the complainant was not a
tenant pursuant to Section 2520.6(d) of the Rent Stabilization
Code and that under Section 2523.4 she lacked standing to file a
rent reduction application. Therefore, the Commissioner finds
ADM. REVIEW DOCKET NO.: GD 410003 RO
that the Rent Administrator's order was in error and that it
should be revoked nunc pro tunc. Accordingly, the petition
should be granted.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked nunc pro tunc.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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